Miller v. State Civil Service Commission

540 So. 2d 482, 1989 La. App. LEXIS 341, 1989 WL 20729
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1989
DocketNo. CA 87 1873
StatusPublished

This text of 540 So. 2d 482 (Miller v. State Civil Service Commission) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. State Civil Service Commission, 540 So. 2d 482, 1989 La. App. LEXIS 341, 1989 WL 20729 (La. Ct. App. 1989).

Opinion

LeBLANC, Judge.

This is an appeal from a decision of the Civil Service Commission denying appellants’ requests for additional salary step increases for certain types of prior employment.

On August 3, 1982, a large number of formerly unclassified positions in the Louisiana Department of Education were declared to be classified civil service positions as of that date. Civil Service Rule 6.28(a)l was used to determine the proper salary level for those employees whose positions [484]*484were changed from unclassified to classified positions. This rule provides, in pertinent part, as follows:

a. Employees entering the classified service because their positions have been declared to be in the Classified Service shall have their pay established as follows:
1. On or before the date of appointment, the Director shall establish the employee’s eligibility for pay at the step in the range for the class to which his position has been allocated for which he would have attained eligibility ... had his position been in the State Classified service during his prior service ...
(emphasis added)

The effect of this rule is to give previously unclassified employees credit for salary purposes for prior state service as though the prior service had been in a classified position.

On January 19, 1984, the Department of Education requested that additional step increases be granted to several of its employees under Civil Service Rule 6.16, based on their prior educational (teaching, administrative and/or supervisory) experience. At a meeting on February 7, 1984, the Commission denied this request, but indicated that the employees might be eligible for additional step increases under Rule 6.28(a)1 for “prior service” to the State as school administrators, supervisors or teachers. The Commission issued the following advisory opinion1 delineating what could be considered “prior service” under Rule 6.28(a)l with respect to these employees.

[T]he Commission unanimously adopted a Motion whereby it agreed to recognize employment in schools of Parish and City School Boards and in parochial and private elementary and high schools in the State as constituting prior service that may be considered under Rule 6.28(a)l for establishment of pay step eligibilities, subject to the following conditions:
—This service applies only to those employees whose positions were converted from unclassified to classified positions in the Department of Education on August 3, 1982, and
—The prior employment must have been as a teacher, administrator or supervisor with any Louisiana Parish or City School Board, or of a State approved private or parochial elementary or high school within the State, and
—The employee must have held a valid Louisiana Teaching Certificate during the period being counted.

Subsequently, a number of employees who did not meet these criteria filed appeals alleging discrimination because they did not receive credit for prior experience similar to the experience of other employees who did receive credit. These appeals were consolidated and a public hearing was held on March 10, 1987. The Commission issued its opinion on September 23, 1987, granting some of the appeals and denying others, either in whole or in part.

In deciding the appeals of those seeking credit for prior employment as school administrators, supervisors or teachers, the Commission utilized the same criteria outlined in its earlier advisory opinion. However, in considering the appeals of several employees seeking credit for previous employment in the field of nutrition, the Commission noted that its earlier opinion was not directed to these employees. The Commission therefore set forth the following criteria for receiving “prior service” credit in the field of nutrition under Rule 6.28(a)l.

1. The prior service must have been as a dietition or nutritionist or a teacher of dietetics or nutrition in or with any of the following .entities:
a) Any public school, college or university within the state of Louisiana;
[485]*485b) any state approved private or parochial elementary or secondary school within the state of Louisiana;
c) any Parish or City School Board within the state of Louisiana;
d) any private college or university within the state of Louisiana in a position which required certification by a board, agency or other entity of the state of Louisiana.
2. The employee must have held a valid certificate as a Child Nutrition Program Supervisor issued by the State Department of Education during the period being counted.

Twelve employees who failed to meet the applicable criteria of step increases under the Commission interpretation of Rule 6.28(a)l have appealed. These appellants fall into three categories: 1) employees ineligible for additional credit because their prior employment as school administrators, supervisors or teachers was not for the State of Louisiana; 2) employees ineligible for additional credit because they were hired after August 3,1982; and, 3) employees ineligible for additional credit because they had not been issued a Child Nutrition Program Supervisor (C.N.P.S.) certificate by the Department of Education. All appellants argue they have been discriminated against on a non-merit basis in violation of their rights to equal protection.

LAW

Both the federal and state constitutions guarantee the right to equal protection of the laws. U.S.Const.Amend XIV; La. Const. Art. 1, § 3 (1974). This right applies to every kind of state action, whether by law or by rules of a state administrative agency. Clark v. State, 434 So.2d 1276 (La.App. 1st Cir.), writ denied, 440 So.2d 152 (1983). Generally, the right to equal protection requires that state laws or administrative rules affect all persons similarly situated alike. City of Cleburne, Tex. v. Cleburne Living Center, 473 U.S. 432, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985); Clark, supra.

When examining a law under the federal Equal Protection Clause, the general rule is that a law is presumed to be valid and will be sustained if the classification drawn by the statute is rationally related to a legitimate state interest. City of Cleburne, supra. However, if a law disadvantages a suspect class or infringes upon a constitutionally protected fundamental right, the law is subject to strict scrutiny and will be sustained only if the classification is necessary to accomplish a compelling state interest. Attorney General of New York v. Soto-Lopez, 476 U.S. 898, 106 S.Ct. 2317, 90 L.Ed.2d 899 (1986); City of Cleburne, supra.

In Sibley v. Bd. of Sup’rs of Louisiana State U., 477 So.2d 1094 (La.1985), the Louisiana Supreme Court outlined the scope of equal protection afforded by the Louisiana Constitution as follows:

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Related

City of Cleburne v. Cleburne Living Center, Inc.
473 U.S. 432 (Supreme Court, 1985)
Attorney General of New York v. Soto-Lopez
476 U.S. 898 (Supreme Court, 1986)
Clark v. State
434 So. 2d 1276 (Louisiana Court of Appeal, 1983)
Sibley v. Bd. of Sup'rs of Louisiana State University
477 So. 2d 1094 (Supreme Court of Louisiana, 1985)

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Bluebook (online)
540 So. 2d 482, 1989 La. App. LEXIS 341, 1989 WL 20729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-civil-service-commission-lactapp-1989.